T&E Litigation Update: Cherubini v. Goodsell
In Cherubini v. Goodsell, Case No. 10-P-1245, 2011 Mass. App. Unpub. LEXIS 827 (June 24, 2011), a decision issued pursuant to Rule 1:28, the Appeals Court addressed the anti-lapse statute, G.L. c. 191, ? 22, and its effect on purported assignments of interests in an estate.
Donald Goodsell predeceased Dominic Cherubini.?One of Donald's children, Edward Goodsell, argued that the portion of Dominic's estate that would have passed to Donald should go directly to Edward rather than to all of Donald's children by right of representation, because Donald's other children had assigned their interests in Donald's estate to Edward.?The probate court disagreed, instructing the executor of Dominic's estate to make distributions to all of Donald's children by right of representation.
The Appeals Court affirmed, explaining that the anti-lapse statute operates to require the distribution of Donald's share of Dominic's estate directly to Donald's surviving issue.?In other words, Donald's share would not pass through his estate, meaning that any assignment of interest in Donald's estate would have no effect.?The Appeals Court also rejected Edward's argument that the assignment agreements were intended to include Donald's share in Dominic's estate, because Edward did not meet his high burden of proving mutual mistake, and found that the assignment agreements unambiguously pertained to Donald's estate exclusively.
Recommended
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in the Florida Bar News.
Day Pitney Fiduciary and Probate Litigation Partner Ann Hetherwick "Hether" Cahill was featured in Super Lawyers Magazine article "The Boston Marathon: Philanthropy, a Dare, and a Fellini."
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in Miami Today.
Day Pitney Press Release
Day Pitney Litigation Partner Mark Romance and Trusts and Estates Partner Melissa Rodriguez authored the article "Insights Into Florida Trust and Estate Litigation Trends," for Daily Business Review.
Day Pitney Boca Raton Trusts and Estates Partner Brian E. Thompson was recognized with a Probate Law Award for his work with the Legal Aid Society of Palm Beach County.
On March 13, Day Pitney Boca Raton-based attorneys Jay D. Mussman and Brian E. Thompson received special commendations from the 15th Judicial Circuit Pro Bono Committee, The Florida Supreme Court and the Florida Pro Bono Coordinators Association for their pro bono work in 2023.
Day Pitney Litigation Partners Gregory Bruno and Alfred W.J. Marks authored "Don't Believe Everything You Read Online: Recent Sanctions Decision Offers Cautionary Tale of Generative AI Risks" for the New York Law Journal's Special Litigation Section.
Day Pitney is proud to announce that three of the firm's South Florida-based partners have been recognized for the Florida Legal Awards from the Daily Business Review.
Three Boston-based Private Client Department Day Pitney Partners were selected for inclusion on Boston magazine's Top Lawyers of 2023 List*. The selected attorneys are: Jordana G. Schreiber, Partner – Trusts and Estates; David L. Silvian, Partner – Trusts and Estates; and Christine N. Fletcher, Partner – Trusts and Estates.